Common use of To yield up Clause in Contracts

To yield up. At the Termination Date to yield up the Demised Premises duly repaired and decorated in accordance with the provisions of this clause 4.5 and clear of any furniture equipment goods and refuse to remove every moulding sign writing or painting of the name or business of the Tenant or other occupiers (if any) and to make good all damage caused by the removal thereof and of the Tenant's fixtures fitting furniture and effects to the Demised Premises PROVIDED THAT: (a) all work referred to in this clause 4.5 shall be done with good and suitable materials of their several kinds in a good and workmanlike manner and to the reasonable satisfaction of the Surveyor and in relation to external maintenance and repair using such materials as may in the reasonable opinion of the Surveyor be necessary or desirable in order to maintain a high standard of maintenance and repair to the Estate as a whole (b) damage by any of the Insured Risks is excepted from the Tenant's liability under this clause 4.5 save to the extent that the whole or any part of the insurance money is irrecoverable by reason of any act or default of the Tenant its servants agents or lawful visitors and the Tenant fails to make up the deficiency pursuant to clause 4.21.3 or by reason of some limitation or condition properly imposed by the insurers (c) the Tenant shall pay the Landlord's reasonable and proper legal and Surveyor's fees incurred as a result of any breach of this clause 4.5 (d) the Tenant will also pay to the Landlord mesne profits at the rate of the rent payable hereunder immediately prior to the Termination Date during the period taken by the Tenant to carry out such works or during the period reasonably required for carrying out such works by the Landlord and in that case the amount of such mesne profits shall be added to the cost of carrying out such work as aforesaid

To yield up. At the Termination Date expiration or sooner determination of the said term quietly to yield up the Demised Premises duly repaired together with all the Landlord’s fixtures and decorated in accordance with all other fixtures and fastenings that now are or which during the provisions of this clause 4.5 and clear of any furniture equipment goods and refuse to remove every moulding sign writing said Term shall be affixed or painting of the name fastened thereto (except tenant’s or business of the Tenant trade fixtures save such partitioning, wiring or other occupiers (if any) tenants fixtures and to make good all damage caused by the removal thereof and of the Tenant's fixtures fitting furniture and effects to the Demised Premises PROVIDED THAT: (a) all work referred to in this clause 4.5 shall be done with good and suitable materials of their several kinds in a good and workmanlike manner and to the reasonable satisfaction of the Surveyor and in relation to external maintenance and repair using such materials fittings as may are in the reasonable opinion of the Surveyor be necessary or desirable in order to maintain a high standard of maintenance and repair Landlord for the general benefit to the Estate Demised Premises as the Tenant may decide to leave in situ) in such good and substantial repair and condition in accordance with the covenants on the part of the Tenant herein contained and in case any of the said fixtures and fittings shall be missing broken damaged or destroyed to forthwith replace them with others of a whole similar kind and of equal value and to make good any damage caused to the Demised Premises by the removal of the Tenant’s fixtures fittings furniture and effects (b) damage by any of the Insured Risks is excepted from if and so long only as the policy or policies of insurance shall not have been vitiated or payment of the policy monies withheld or refused in whole or in part by reason of any act neglect or default of the Tenant or the servants agents licensees or invitees of the Tenant's liability under this clause 4.5 save ) PROVIDED ALWAYS that if (and to the extent that) the Landlord requires the Tenant to reinstate the Demised Premises (or to the extent that the whole or Landlord does not specify any part of the insurance money is irrecoverable by reason of any act or default of requirement regarding reinstatement) the Tenant its servants agents shall be obliged to do so to “white box” standard only being: (a) raised access floors with or lawful visitors and without (at the Tenant fails to make up the deficiency pursuant to clause 4.21.3 or by reason Tenant’s discretion) carpet tiles; (b) floor boxes at a ratio of some limitation or condition properly imposed by the insurers1 per 10 sq. metre wired for power; (c) the Tenant shall pay the Landlord's reasonable plastered and proper legal and Surveyor's fees incurred as a result of any breach of this clause 4.5painted walls; (d) ceiling tiled and recessed light fittings. Provided further that (at the Tenant will also pay to Landlords option) the Landlord mesne profits at the rate of the rent payable hereunder immediately prior to the Termination Date during the period taken by may require the Tenant to carry out such works leave the Demised Premises “as is” at Lease expiry or during determination. (PROVIDED THAT for the period reasonably required for carrying out such works by avoidance of any doubt the Landlord and in that case the amount of such mesne profits Tenant shall be added entitled to remove any carpet tiles, furniture, plant, equipment (including computers audio visual equipment), the cost of carrying out reception desk and other items which can be removed without material damage to any remaining structures) (excluding Partitioning, doors and such work as aforesaidlike).

To yield up. 4.8.1 At the Termination Date of the Term:- (a) Quietly to yield up unto the Demised Landlord the Premises duly repaired the Tenant Plant Area and decorated the Roof Terrace (excluding tenant's or trade fixtures and fittings and Tenant Plant but subject in this regard to clauses 4.8.1 (b) and 4.8.2) with vacant possession and (i) in accordance with the provisions specification set out in Schedule 6 and (ii) in such state and condition as shall in all respects be consistent with the proper performance by the Tenant of the covenants and obligations on the part of the Tenant and conditions contained in or arising under this Lease and clean and tidy. (b) Unless and except to the extent (if any) that the Landlord shall give the Tenant notice in writing to the contrary, but subject to clause 4.5 and clear of any furniture equipment goods and refuse 4.8.2 to remove every moulding sign writing alterations or painting of additions made to the name Premises the Tenant Plant Area or business the Roof Terrace by or on behalf of the Tenant or other occupiers any undertenant or occupier and all tenant’s or trade fixtures, fittings and signs (if anyincluding Tenant’s Plant) and to make good all damage caused by the removal thereof and of the Tenant's fixtures fitting furniture and effects to the Demised Premises PROVIDED THAT: (a) all work referred to in this clause 4.5 shall be done with good and suitable materials of their several kinds each case in a good and workmanlike manner and to procure that the Premises the Tenant Plant Area and the Roof Terrace are reinstated in good and substantial repair and condition making good all damage caused to the Premises and any Nearby Property by such removal and/or reinstatement to the reasonable satisfaction of the Surveyor and in relation to external maintenance and repair using such materials as may in the reasonable opinion of the Surveyor be necessary or desirable in order to maintain a high standard of maintenance and repair to the Estate as a whole (b) damage by any of the Insured Risks is excepted from the Tenant's liability under this clause 4.5 save to the extent that the whole or any part of the insurance money is irrecoverable by reason of any act or default of the Tenant its servants agents or lawful visitors and the Tenant fails to make up the deficiency pursuant to clause 4.21.3 or by reason of some limitation or condition properly imposed by the insurersLandlord. (c) To remove all chattels belonging to or used by the Tenant shall pay the Landlord's reasonable and proper legal and Surveyor's fees incurred as a result of or any breach of this clause 4.5undertenant or occupier. (d) the Tenant will also To pay to the Landlord within twenty one (21) days of invoice or written demand all fees and expenditure (including VAT to the extent it is not recoverable by the Landlord) reasonably and properly incurred or which (whether or not actually incurred) would be reasonably and properly incurred after Termination of the Term (including any VAT to the extent it would not be recoverable by the Landlord) in connection with the repair painting reinstatement treatment or decoration of the Premises the Tenant Plant Area and/or the Roof Terrace so as to put them into the condition commensurate with the due performance of the Tenant's covenants contained in this Lease and additionally to pay to the Landlord within twenty one (21) days of invoice or written demand mesne profits at the rate of the rent Basic Rent payable hereunder immediately prior to the Termination Date during of the period taken by the Tenant to carry out such works Term and all additional rents due or during payable under this Lease for the period reasonably required for carrying such repairing painting reinstating treatment and decoration of the Premises. 4.8.2 If and to the extent that on Termination of the Term the standard and specification of the Developer Specification Items previously installed by or on behalf of the Tenant in the Premises with the prior written approval of the Landlord is superior to the standard and specification of those items set out in Schedule 6, the Tenant will not, subject to clause 4.8.3, be obliged to remove such works Developer Specification Items on Termination of the Term. 4.8.3 Clause 4.8.2 will only apply (a) if on Termination of the Term the Tenant is in a position to yield up the Developer Specification Items in such state and condition as shall in all respects be consistent with the proper performance by the Tenant of the covenants and obligations on the part of the Tenant and conditions contained in or arising under this Lease; and (b) where each Developer Specification Item is matching and consistent throughout the entire of the Premises (so that for example, if a particular type of ceiling tile is installed by the Tenant the Premises (as reinstated) must be yielded up on Termination of the Term with ceiling tiles which match and are consistent throughout the entire of the Premises and which are of a standard and specification equal or superior to that set out in Schedule 6). Except to the extent that clause 4.8.2 applies, the Tenant will at Termination of the Term reinstate and yield up the Developer Specification Items to a standard and specification at least equivalent to that set out in Schedule 6 to the reasonable satisfaction of the Landlord. 4.8.4 For the avoidance of doubt a failure to remove items of furniture or other loose items in each case which can be removed without material cost will not be treated as a failure to deliver “vacant possession” (but without prejudice to any other right or remedy of the Landlord and in that case the amount respect of such mesne profits failure). Provided that on Termination of the Term the Tenant shall not be added obliged to have repaired or remedy the cost items included in the Schedule of carrying out such work as aforesaidCondition.

To yield up. 3.8.1 At the Termination Date of the Term:- (a) Quietly to yield up unto the Demised Landlord the Premises duly repaired the Tenant Plant Area and decorated the Roof Terrace (excluding tenant's or trade fixtures and fittings and Tenant Plant but subject in this regard to clauses 4.8.1 (b) and 4.8.2) with vacant possession and (i) in accordance with the provisions specification set out in Schedule 6 and (ii) in such state and condition as shall in all respects be consistent with the proper performance by the Tenant of the covenants and obligations on the part of the Tenant and conditions contained in or arising under this Lease and clean and tidy. (b) Unless and except to the extent (if any) that the Landlord shall give the Tenant notice in writing to the contrary, but subject to clause 4.5 and clear of any furniture equipment goods and refuse 4.8.2 to remove every moulding sign writing alterations or painting of additions made to the name Premises the Tenant Plant Area or business the Roof Terrace by or on behalf of the Tenant or other occupiers any undertenant or occupier and all tenant’s or trade fixtures, fittings and signs (if anyincluding Tenant’s Plant) and to make good all damage caused by the removal thereof and of the Tenant's fixtures fitting furniture and effects to the Demised Premises PROVIDED THAT: (a) all work referred to in this clause 4.5 shall be done with good and suitable materials of their several kinds each case in a good and workmanlike manner and to procure that the Premises the Tenant Plant Area and the Roof Terrace are reinstated in good and substantial repair and condition making good all damage caused to the Premises and any Nearby Property by such removal and/or reinstatement to the reasonable satisfaction of the Surveyor and in relation to external maintenance and repair using such materials as may in the reasonable opinion of the Surveyor be necessary or desirable in order to maintain a high standard of maintenance and repair to the Estate as a whole (b) damage by any of the Insured Risks is excepted from the Tenant's liability under this clause 4.5 save to the extent that the whole or any part of the insurance money is irrecoverable by reason of any act or default of the Tenant its servants agents or lawful visitors and the Tenant fails to make up the deficiency pursuant to clause 4.21.3 or by reason of some limitation or condition properly imposed by the insurersLandlord. (c) To remove all chattels belonging to or used by the Tenant shall pay the Landlord's reasonable and proper legal and Surveyor's fees incurred as a result of or any breach of this clause 4.5undertenant or occupier. (d) the Tenant will also To pay to the Landlord within twenty one (21) days of invoice or written demand all fees and expenditure (including VAT to the extent it is not recoverable by the Landlord) reasonably and properly incurred or which (whether or not actually incurred) would be reasonably and properly incurred after Termination of the Term (including any VAT to the extent it would not be recoverable by the Landlord) in connection with the repair painting reinstatement treatment or decoration of the Premises the Tenant Plant Area and/or the Roof Terrace so as to put them into the condition commensurate with the due performance of the Tenant's covenants contained in this Lease and additionally to pay to the Landlord within twenty one (21) days of invoice or written demand mesne profits at the rate of the rent Basic Rent payable hereunder immediately prior to the Termination Date during of the period taken by the Tenant to carry out such works Term and all additional rents due or during payable under this Lease for the period reasonably required for carrying such repairing painting reinstating treatment and decoration of the Premises. 3.8.2 If and to the extent that on Termination of the Term the standard and specification of the Developer Specification Items previously installed by or on behalf of the Tenant in the Premises with the prior written approval of the Landlord is superior to the standard and specification of those items set out in Schedule 6, the Tenant will not, subject to clause 4.8.3, be obliged to remove such works Developer Specification Items on Termination of the Term. 3.8.3 Clause 4.8.2 will only apply (a) if on Termination of the Term the Tenant is in a position to yield up the Developer Specification Items in such state and condition as shall in all respects be consistent with the proper performance by the Tenant of the covenants and obligations on the part of the Tenant and conditions contained in or arising under this Lease; and (b) where each Developer Specification Item is matching and consistent throughout the entire of the Premises (so that for example, if a particular type of ceiling tile is installed by the Tenant the Premises (as reinstated) must be yielded up on Termination of the Term with ceiling tiles which match and are consistent throughout the entire of the Premises and which are of a standard and specification equal or superior to that set out in Schedule 6). Except to the extent that clause 4.8.2 applies, the Tenant will at Termination of the Term reinstate and yield up the Developer Specification Items to a standard and specification at least equivalent to that set out in Schedule 6 to the reasonable satisfaction of the Landlord. 3.8.4 For the avoidance of doubt a failure to remove items of furniture or other loose items in each case which can be removed without material cost will not be treated as a failure to deliver “vacant possession” (but without prejudice to any other right or remedy of the Landlord and in that case the amount respect of such mesne profits failure). Provided that on Termination of the Term the Tenant shall not be added obliged to have repaired or remedy the cost items included in the Schedule of carrying out such work as aforesaidConditon.